Utah § 54-23-103 Right-of-way crossing -- application for permission.

Utah Statutes

§ 54-23-103 — Right-of-way crossing -- application for permission.

Utah § 54-23-103

Title 54Public Utilities

Ch. 54-23Crossing Railroad Rights-of-way by Fiber Optic Carriers

This text of Utah § 54-23-103 (Right-of-way crossing -- application for permission.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 54-23-103 (2026).

Text

(1)(1)(a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility.

(1)(b) A request under this Subsection (1) shall:

(1)(b)(i) be in the railroad form of a completed crossing application;

(1)(b)(ii) include an engineering design that:

(1)(b)(ii)(A) shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and

(1)(b)(ii)(B) conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and

(1)(b)(iii) include the standard crossing fee specified in Section 54-23-105.

(2)Unl

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(1) (1)(a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility.
(1)(b) A request under this Subsection (1) shall:
(1)(b)(i) be in the railroad form of a completed crossing application;
(1)(b)(ii) include an engineering design that:

(1)(b)(ii)(A) shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and
(1)(b)(ii)(B) conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and
(1)(b)(iii) include the standard crossing fee specified in Section 54-23-105.
(2) Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.
(3) This section applies to:

(3)(a) any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and
(3)(b) any crossing commenced on or after May 14, 2019.
(4) If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.